95-15957. Approval and Promulgation of Air Quality Implementation Plans; Maine; Gasoline Marketing Regulations  

  • [Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
    [Rules and Regulations]
    [Pages 33730-33734]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-15957]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [ME-23-1-6827a; ME-4-1-6848; A-1-FRL-5214-4]
    
    
    Approval and Promulgation of Air Quality Implementation Plans; 
    Maine; Gasoline Marketing Regulations
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
    submitted by the State of Maine on July 6, 1994. This revision consists 
    of several regulations which require the implementation of reasonably 
    available control technology (RACT) for controlling volatile organic 
    compound (VOC) emissions from gasoline marketing operations. The 
    intended effect of this action is to approve the gasoline marketing 
    regulations submitted by Maine on July 6, 1994 into the Maine SIP. Some 
    of these regulations are being approved as a direct final action, while 
    others are being approved as a final rulemaking action. This action is 
    being taken in accordance with the Clean Air Act.
    
    DATES: Section 52.1020(c)(35) will become effective July 31, 1995. 
    Section 52.1020(c)(36) and the amendments to Secs. 52.1022 and 52.1031 
    will become effective August 28, 1995, unless notice is received by 
    July 31, 1995 that adverse or critical comments will be submitted. If 
    the effective date is delayed, timely notice will be published in the 
    Federal Register.
    
    ADDRESSES: Comments on Section 52.1020(c)(36) may be mailed to Susan 
    Studlien, Acting Director, Air, Pesticides and Toxics Management 
    Division, U.S. Environmental Protection Agency, Region I, JFK Federal 
    Building, Boston, MA 02203. Copies of the documents relevant to this 
    action are available for public inspection during normal business 
    hours, by appointment at the Air, Pesticides and Toxics Management 
    Division, U.S. Environmental Protection Agency, Region I, One Congress 
    Street, 10th floor, Boston, MA; Air and Radiation Docket and 
    Information Center, U.S. Environmental Protection Agency, 401 M Street, 
    S.W., (LE-131), Washington, D.C. 20460; and the Bureau of Air Quality 
    Control, Department of Environmental Protection, 71 Hospital Street, 
    Augusta, ME 04333.
    
    FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.
    
    SUPPLEMENTARY INFORMATION: On July 11, 1994, EPA received a formal 
    State Implementation Plan (SIP) submittal from the Maine Department of 
    Environmental Protection (DEP) containing the following regulations:
    
    Chapter 100 ``Definitions Regulation''
    Chapter 112 ``Petroleum Liquids Transfer Vapor Recovery''
    Chapter 118 ``Gasoline Dispensing Facilities Vapor Control''
    Chapter 120 ``Gasoline Tank Truck Tightness Self-Certification''
    Chapter 133 ``Petroleum Liquids Transfer Vapor Recovery at Bulk 
    Gasoline Plants''
    
        These regulations had been recently adopted (or amended) pursuant 
    to the requirements of Sections 182(b)(2) and 184(b)(1)(B) of the Clean 
    Air Act (CAA).
    
    Background
    
        Under the pre-amended Clean Air Act, ozone nonattainment areas were 
    required to adopt RACT rules for sources of VOC emissions. EPA issued 
    three sets of control technique guidelines (CTGs) documents, 
    establishing a ``presumptive norm'' for RACT for various categories of 
    VOC sources. The three sets of CTGs were (1) Group I--issued before 
    January 1978 (15 CTGs); (2) Group II--issued in 1978 (9 CTGs); and (3) 
    Group III--issued in the early 1980's (5 CTGs). Those sources not 
    covered by a CTG were called non-CTG sources. EPA determined that the 
    area's SIP-approved attainment date established which RACT rules the 
    area needed to adopt and implement. Under Section 172(a)(1), ozone 
    nonattainment areas were generally required to attain the ozone 
    standard by December 31, 1982. Those areas that submitted an attainment 
    demonstration projecting attainment by that date were required to adopt 
    RACT for sources covered by the Group I and II CTGs. Those areas that 
    sought an extension of the attainment date under Section 172(a)(2) to 
    as late as December 31, 1987 were required to adopt RACT for all CTG 
    sources and for all major (i.e., 100 ton per year or more of VOC 
    emissions) non-CTG sources.
        Under the pre-amended Clean Air Act, portions of Maine were 
    designated as rural nonattainment (i.e., the Metropolitan Portland 
    Intrastate Air Quality Control Region (AQCR) and the Androscoggin 
    Valley Interstate AQCR) and, therefore, were required to adopt 
    
    [[Page 33731]]
    regulations pursuant to the Group I and Group II CTGs for major 
    sources. Based on monitored ozone exceedances in Maine, EPA notified 
    the Governor of Maine on May 25, 1988 and November 8, 1988 that 
    portions of the SIP were inadequate to attain and maintain the ozone 
    standard and requested that deficiencies in the existing SIP be 
    corrected (EPA's SIP-Call). On November 15, 1990, amendments to the 
    1977 CAA were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 
    U.S.C. Secs. 7401-7671q. In amended Section 182(a)(2)(A) of the CAA, 
    Congress statutorily adopted the requirement that pre-enactment ozone 
    nonattainment areas that retained their designation of nonattainment 
    and were classified as marginal or above fix their deficient RACT rules 
    for ozone by May 15, 1991. Pursuant to the amended CAA, two counties in 
    Maine were classified as marginal (these two counties constitute one 
    marginal ozone nonattainment area) and seven counties in Maine were 
    classified as moderate (these seven counties constitute three moderate 
    ozone nonattainment areas). 56 FR 56694 (Nov. 6, 1991). In response to 
    the RACT fix-up requirement, Maine submitted revisions to its SIP and 
    EPA approved these revisions on February 3, 1992 and March 22, 1993 (57 
    FR 3946 and 58 FR 15281).
        In addition, Section 182(b)(2) of the amended Act requires States 
    to adopt RACT rules for all areas designated nonattainment for ozone 
    and classified as moderate or above. There are three parts to the 
    Section 182(b)(2) RACT requirement: (1) RACT for sources covered by an 
    existing CTG--i.e., a CTG issued prior to the enactment of the CAAA of 
    1990; (2) RACT for sources covered by a post-enactment CTG; and (3) all 
    major sources not covered by a CTG, i.e., non-CTG sources. This RACT 
    requirement requires nonattainment areas that previously were exempt 
    from certain RACT requirements to ``catch up'' to those nonattainment 
    areas that became subject to those requirements during an earlier 
    period. In addition, it requires newly designated ozone nonattainment 
    areas to adopt RACT rules consistent with those for previously 
    designated nonattainment areas. As previously mentioned, the State of 
    Maine contains three moderate ozone nonattainment areas. These areas 
    are thus subject to the Section 182(b)(2) RACT catch-up requirement.
        Also, the State of Maine is located in the Northeast Ozone 
    Transport Region (OTR). The entire State is, therefore, subject to 
    Section 184(b) of the amended CAA. Section 184(b) requires that RACT be 
    implemented in the entire state for all VOC sources covered by a CTG 
    issued before or after the enactment of the CAAA of 1990 and for all 
    major VOC sources (defined as 50 tons per year for sources in the OTR).
        Since Maine had previously submitted regulations for only bulk 
    gasoline terminals, fixed roof petroleum tanks, and paper coating 
    sources pursuant to the RACT fix-up requirement, in order to meet the 
    RACT catch-up requirement, the State must, therefore, adopt regulations 
    (or affirm that no sources exist) for the remaining 26 CTG categories 
    as well as adopt rules for all major non-CTG sources. (Rules for non-
    CTG sources are not part of this SIP revision. These rules will 
    addressed in a separate action and, therefore, will not be further 
    discussed in this document.)
        In response to the RACT catch-up requirement, on May 14, 1992 and 
    June 12, 1992, Maine submitted negative declarations for 15 CTG 
    categories. Maine then proceeded with the process of adopting 
    regulations to control the remaining CTG categories which included 
    surface coating processes, solvent metal cleaning, graphic arts 
    operations, the use of cutback asphalt, and gasoline marketing 
    operations. On January 13, 1993, Maine submitted a SIP submittal 
    containing regulations for surface coating processes, solvent metal 
    cleaning, graphic arts operations, and the use of cutback asphalt. 
    These regulations were approved into the Maine SIP on June 16, 1994 (59 
    FR 31154). Maine's gasoline marketing RACT catch-up regulations were 
    not included in the State's January 13, 1993 submittal. On July 6, 
    1994, Maine submitted a formal SIP revision containing its gasoline 
    marketing regulations. EPA's evaluation of this SIP submittal is 
    summarized below.
    
    EPA's Evaluation of Maine's Submittal
    
        In determining the approvability of a VOC rule, EPA must evaluate 
    the rule for consistency with the requirements of the Act and EPA 
    regulations, as found in Section 110 and Part D of the Act and 40 CFR 
    Part 51 (Requirements for Preparation, Adoption, and Submittal of 
    Implementation Plans). The EPA interpretation of these requirements, 
    which forms the basis for today's action, appears in various EPA policy 
    guidance documents. For the purpose of assisting State and local 
    agencies in developing RACT rules, EPA prepared a series of Control 
    Technique Guidelines (CTG) documents. The CTGs are based on the 
    underlying requirements of the Act and specify the presumptive norms 
    for RACT for specific source categories. EPA has not yet developed CTGs 
    to cover all sources of VOC emissions. Further interpretations of EPA 
    policy are found in: (1) Those portions of the proposed Post-1987 ozone 
    and carbon monoxide policy that concern RACT, 52 FR 45044 (November 24, 
    1987); (2) the document entitled ``Issues Relating to VOC Regulation 
    Cutpoints, Deficiencies, and Deviations, Clarification to Appendix D of 
    November 24, 1987 Federal Register Notice'' (Blue Book) (notice of 
    availability was published in the Federal Register on May 25, 1988); 
    (3) the existing CTGs; and (4) the ``Model Volatile Organic Compound 
    Rules for Reasonably Available Control Technology'' issued as a staff 
    working draft in June of 1992. In general, these guidance documents 
    have been set forth to ensure that VOC rules are fully enforceable and 
    strengthen or maintain the SIP.
        The VOC regulations that are included in Maine's July 6, 1994 SIP 
    submittal are briefly summarized below.
    
    Chapter 100: Definitions Regulation
    
        This regulation was amended by adding or revising definitions of 
    the following terms: bulk gasoline plant, gasoline, leak, tank truck, 
    and vapor control system.
    
    Chapter 112: Petroleum Liquids Transfer Vapor Recovery
    
        This regulation requires bulk gasoline terminals which load tank 
    trucks and have a daily throughput of greater than 20,000 gallons to 
    install a vapor control system. This regulation also prohibits bulk 
    terminals from loading gasoline into a tank truck unless the truck has 
    been certified as vapor-tight pursuant to the requirements in Maine's 
    Chapter 120. Chapter 112 was amended to no longer exempt tank trucks 
    with a total capacity of less than or equal to 3500 gallons.
    
    Chapter 118: Gasoline Dispensing Facilities Vapor Control
    
        This regulation requires gasoline dispensing facilities with a 
    throughput of 10,000 gallons or more per month to install and operate a 
    Stage I vapor balance system. Also, all gasoline dispensing facilities, 
    regardless of throughput, must install submerged fill pipes.
    
    Chapter 120: Gasoline Tank Truck Tightness Self-Certification
    
        This regulation requires gasoline tank trucks to undergo annual 
    vapor tightness testing.
    
    [[Page 33732]]
    
    
    Chapter 133: Petroleum Liquids Transfer Vapor Recovery at Bulk Gasoline 
    Plants
    
        This regulation requires bulk gasoline plants with a throughput of 
    4000 gallons or more per day to install and operate a vapor balance 
    system.
        EPA has evaluated Maine's gasoline marketing regulations and has 
    found that they are consistent with EPA model regulations and the 
    following CTG documents: ``Control of Hydrocarbons from Tank Truck 
    Gasoline Loading Terminals'' (EPA-450/2-77-026); ``Control of Volatile 
    Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection 
    Systems'' (EPA-450/2-78-051); ``Control of Volatile Organic Emissions 
    from Bulk Gasoline Plants'' (EPA-450/2-77-035); and ``Hydrocarbon 
    Control Strategies for Gasoline Marketing Operations'' (EPA-450/3-78-
    017). As such, EPA believes that the submitted rules constitute RACT 
    for the applicable sources.
        Maine's gasoline marketing regulations and EPA's evaluation are 
    detailed in a memorandum, dated December 29, 1994, entitled ``Technical 
    Support Document--Maine--Gasoline Marketing Regulations.'' Copies of 
    that document are available, upon request, from the EPA Regional Office 
    listed in the ADDRESSES section of this document.
    
    EPA's Previous NPR
    
        Previously, EPA published a notice of proposed rulemaking (NPR) for 
    Maine's Chapter 120 tank truck regulation (57 FR 12791). EPA's NPR 
    proposed approval of Chapter 120 on the condition that Maine address 
    certain outstanding issues prior to final rulemaking. The issues 
    outlined in EPA's NPR and Maine's response are summarized below.
        1. The NPR noted that the term ``vapor control system'' was not 
    used consistently throughout Chapter 120. Chapter 120(3)(B) 
    alternatively used the term ``vapor recovery system'' which was not 
    defined. The NPR stated that the State should change this term to 
    ``vapor control system'' or define the term ``vapor recovery system.'' 
    In response to this issue, Maine has revised Chapter 120 so that the 
    term ``vapor control system'' is used consistently throughout the 
    regulation.
        2. The NPR noted that Chapter 120(3)(A)(2) stated that the 
    certification test approval expires June 1 of the year following the 
    test. In some cases, the June 1 date would allow trucks to go longer 
    then 12 months without a test. As stated in the NPR, such a provision 
    is inconsistent with Maine's Chapter 112(3)(A) which requires that the 
    truck has been certified within the last 12 months. The June 1 
    expiration date is also inconsistent with Chapter 120(4)(B) which 
    requires that a certified tank truck must remain leak-tight for the 12 
    months following the certification test. For these reasons, EPA's NPR 
    stated that Maine must either amend Chapter 120(3)(A)(2) to read 
    ``expires 12 months after the certification test,'' or the State must 
    change the above referenced sections which are inconsistent with the 
    June 1 expiration date. In response to this issue, Maine has amended 
    Section 3(A)(2) of Chapter 120 to read ``expires 12 months after the 
    certification test.''
        3. Chapter 120(5) requires that the Department be informed at least 
    24 hours in advance of each certification test. EPA's NPR stated that 
    DEP should require earlier notification of the intent to test, so that 
    the State can have the opportunity to monitor the test. The NPR also 
    noted that EPA's model rules suggest that the State be notified in 
    writing at least 10 days in advance of the test. Maine did not revise 
    Chapter 120 to require earlier notification, however, the revised rule 
    does require that the person conducting the test be registered with the 
    DEP. The State and industry both report that this arrangement is 
    working well. EPA, therefore, considers the testing requirements of 
    Maine's revised Chapter 120 regulation approvable.
        4. Finally, EPA's NPR noted that when Maine adopts a bulk gasoline 
    plant regulation, Chapter 120 must be amended to apply to trucks that 
    exclusively service bulk plants. Since the publication of EPA's NPR, 
    Maine has adopted a bulk gasoline plant rule and the State has made the 
    necessary changes to Chapter 120 so that it also applies to tank trucks 
    that exclusively service bulk plants.
        As outlined above, Maine has satisfactorily addressed the 
    outstanding issues listed in EPA's previous NPR.
        In addition, EPA received two comment letters pursuant to the 
    publication of the Chapter 120 NPR. A summary of the comments received 
    and EPA's response are outlined below.
        The Maine Oil Dealers Association (MODA) submitted comments 
    regarding Maine's Chapter 120 certification testing requirements. As 
    previously noted, EPA's NPR stated that Maine should require earlier 
    than 24 hour notification of the intent to test, so that the DEP can 
    have an opportunity to monitor the test. The NPR also noted that EPA's 
    model rules suggest that the State be notified in writing at least 10 
    days in advance of the test. MODA commented that the 24 hour notice 
    required by Maine's Chapter 120 is adequate notice and that, because of 
    the day to day variations in market demand, it is both unusual and 
    difficult to schedule tank truck testing 10 days in advance.
        As previously mentioned, Maine did not revise Chapter 120 to 
    require earlier notification, however, the revised rule included in the 
    State's July 6, 1994 SIP submittal does require that the person 
    conducting the test be registered with the DEP. The State and industry 
    both report that this arrangement is working well. EPA is, therefore, 
    approving the testing requirements of Maine's revised Chapter 120 
    regulation.
        The U.S. Small Business Administration (SBA) also submitted 
    comments pursuant to EPA's NPR. The SBA commented that in EPA's 
    proposal of Maine's Chapter 120 compliance with the Regulatory 
    Flexibility Act was inadequate. SBA noted that, although the NPR stated 
    the proposed action would not have a significant impact on a 
    substantial number of small entities, the notice did not provide an 
    explanation for such a certification. SBA also had expressed similar 
    concerns with Federal Register notices prepared by other EPA Regional 
    Offices. In response to SBA's comments, this issue was addressed 
    nationally by EPA's Regional Operations Branch. EPA's justification is 
    addressed fully at the end of this notice. However, the central 
    rationale for the above-mentioned certification is that SIP approvals 
    under Section 110 and subchapter I, Part D of the CAA do not create any 
    new requirements, but simply approve requirements that the State is 
    already imposing. Therefore, because the federal SIP-approval does not 
    impose any new requirements, it does not have a significant impact on 
    any small entities affected.
        As stated above, Maine has satisfactorily addressed the issues 
    raised in EPA's NPR and comments received pursuant to the NPR have also 
    been addressed. EPA is, therefore, approving Maine's Chapter 120 tank 
    truck tightness regulation as a revision to the Maine SIP.
        In addition, as was previously stated, EPA has also evaluated the 
    other gasoline marketing regulations included in Maine's July 6, 1994 
    SIP submittal and has found that they are consistent with EPA model 
    regulations and the applicable CTG documents. EPA is, therefore, 
    approving Maine's Chapters 100, 112, 118, and 133 without prior 
    proposal because the Agency views these rules as a noncontroversial 
    amendment and anticipates no adverse comments. However, in a separate 
    document in this Federal Register publication, EPA is proposing to 
    
    [[Page 33733]]
    approve these rules should adverse or critical comments be filed. 
    Approval of these rules will be effective August 28, 1995 unless by 
    July 31, 1995 adverse or critical comments are received.
        If the EPA receives such comments, approval of Maine's Chapters 
    100, 112, 118, and 133 will be withdrawn before the effective date by 
    publishing a subsequent document that will withdraw the final action. 
    All public comments received will then be addressed in a subsequent 
    final rule based on this action serving as a proposed rule. The EPA 
    will not institute a second comment period on this action. Any parties 
    interested in commenting on this action should do so at this time. If 
    no such comments are received, the public is advised that this action 
    will be effective on August 28, 1995.
    
    Final Action
    
        EPA is approving Maine's Chapter 100 ``Definitions Regulation,'' 
    Chapter 112 ``Petroleum Liquids Transfer Vapor Recovery,'' Chapter 118 
    ``Gasoline Dispensing Facilities Vapor Control,'' Chapter 120 
    ``Gasoline Tank Truck Tightness Self-Certification,'' and Chapter 133, 
    ``Petroleum Liquids Transfer Vapor Recovery at Bulk Gasoline Plants'' 
    as meeting the requirements of Sections 182(b)(2) and 184(b) of the CAA 
    for the following categories of VOC sources: gasoline bulk terminals, 
    gasoline tank trucks, gasoline bulk plants, and gasoline dispensing 
    facilities. EPA is also revising a section of the code, Section 
    52.1022, that is outdated due to the enactment of the CAAA of 1990.
        This action has been classified as a Table 2 action by the Regional 
    Administrator under the procedures published in the Federal Register on 
    January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
    memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
    Air and Radiation. A future document will inform the general public of 
    these tables. The Office of Management and Budget has exempted this 
    regulatory action from Executive Order 12866 review.
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
    Alternatively, EPA may certify that the rule will not have a 
    significant impact on a substantial number of small entities. Small 
    entities include small businesses, small not-for-profit enterprises, 
    and government entities with jurisdiction over populations of less than 
    50,000.
        SIP approvals under Section 110 and subchapter I, Part D of the CAA 
    do not create any new requirements, but simply approve requirements 
    that the State is already imposing. Therefore, because the federal SIP-
    approval does not impose any new requirements, I certify that it does 
    not have a significant impact on any small entities affected. Moreover, 
    due to the nature of the federal-state relationship under the CAA, 
    preparation of a regulatory flexibility analysis would constitute 
    federal inquiry into the economic reasonableness of state action. The 
    CAA forbids EPA to base its actions concerning SIPs on such grounds. 
    Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
    42 U.S.C. 7410 (a)(2).
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any State Implementation Plan. Each request for revision to 
    the State Implementation Plan shall be considered separately in light 
    of specific technical, economic, and environmental factors and in 
    relation to relevant statutory and regulatory requirements.
        Under Section 307(b)(1) of the Clean Air Act, petitions for 
    judicial review of this action must be filed in the United States Court 
    of Appeals for the appropriate circuit by August 28, 1995. Filing a 
    petition for reconsideration by the Administrator of this final rule 
    does not affect the finality of this rule for the purposes of judicial 
    review nor does it extend the time within which a petition for judicial 
    review may be filed, and shall not postpone the effectiveness of such 
    rule or action. This action may not be challenged later in proceedings 
    to enforce its requirements. (See Section 307(b)(2).)
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Hydrocarbons, 
    Incorporation by reference, and Ozone.
    
        Note: Incorporation by reference of the State Implementation 
    Plan for the State of Maine was approved by the Director of the 
    Federal Register on July 1, 1982.
    
        Dated: May 19, 1995.
    John P. DeVillars,
    Regional Administrator, Region I.
        Part 52 of chapter I, title 40 of the Code of Federal Regulations 
    is amended as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q
    
    Subpart U--Maine
    
        2. Section 52.1020 is amended by adding paragraphs (c)(35) and 
    (c)(36) to read as follows:
    
    
    Sec. 52.1020  Identification of plan.
    
    * * * * *
        (c) * * *
        (35) Revisions to the State Implementation Plan submitted by the 
    Maine Department of Environmental Protection on June 3, 1991, November 
    25, 1991, and July 6, 1994.
        (i) Incorporation by reference.
        (A) Letters from the Maine Department of Environmental Protection 
    dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a 
    revision to the Maine State Implementation Plan.
        (B) Chapter 120 of the Maine Department of Environmental Protection 
    Regulations, ``Gasoline Tank Truck Tightness Self-Certification,'' 
    effective in the State of Maine on July 11, 1994.
        (ii) Additional materials.
        (A) Nonregulatory portions of the submittal.
        (36) Revisions to the State Implementation Plan submitted by the 
    Maine Department of Environmental Protection on July 6, 1994.
        (i) Incorporation by reference.
        (A) Letter from the Maine Department of Environmental Protection 
    dated July 6, 1994 submitting a revision to the Maine State 
    Implementation Plan.
        (B) Chapter 100 of the Maine Department of Environmental Protection 
    Regulations, ``Definitions,'' effective in the State of Maine on July 
    11, 1994, with the exception of the definitions of the following terms: 
    ``curtailment,'' ``federally enforceable,'' ``major modification,'' `` 
    major source,'' ``nonattainment pollutant,'' ``shutdown,'' 
    ``significant emissions,'' and ``significant emissions increase.''
        (C) Chapter 112 of the Maine Department of Environmental Protection 
    Regulations, ``Petroleum Liquids Transfer Vapor Recovery,'' effective 
    in the State of Maine on July 11, 1994.
        (D) Chapter 118 of the Maine Department of Environmental Protection 
    Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' 
    effective in the State of Maine on July 11, 1994.
        (E) Chapter 133 of the Maine Department of Environmental Protection 
    Regulations, ``Petroleum Liquids Transfer Vapor Recovery at Bulk 
    Gasoline Plants,'' effective in the State of Maine on July 11, 1994.
        (ii) Additional materials.
        (A) Nonregulatory portions of the submittal.
    
    [[Page 33734]]
    
    
    
    Sec. 52.1022  [Amended]
    
        3. Section 52.1022 is amended by removing all of the text in this 
    section, with the exception of the first sentence.
        4. In Sec. 52.1031, Table 52.1031 is amended by adding new entries 
    to existing state citations for Chapter 100 and Chapter 112 and by 
    adding new state citations for Chapter 118, Chapter 120 and Chapter 133 
    to read as follows:
    
    
    Sec. 52.1031  EPA-Approved Maine Regulations.
    
    * * * * *
    
                                   Table 52.1031.--EPA-Approved Rules and Regulations                               
    ----------------------------------------------------------------------------------------------------------------
                                            Date                                                                    
     State citation     Title/Subject    adopted by  Date approved by  Federal Register   52.1020                   
                                           State            EPA            citation                                 
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
          *                   *                   *                   *                   *                   *     
                                                               *                                                    
    100.............  Definitions.....      6/22/94  June 29, 1995...  [Insert FR               36  Gasoline        
                                                                        citation from                marketing      
                                                                        published date].             definitions    
                                                                                                     added          
                                                                                                                    
          *                   *                   *                   *                   *                   *     
                                                               *                                                    
    112.............  Petroleum             6/22/94  June 29, 1995...  [Insert FR               36  Deleted         
                       liquids                                          citation from                exemption for  
                       transfer                                         published date].             tank trucks    
                       recover.                                                                      less than 3500 
                                                                                                     gallons        
                                                                                                                    
          *                   *                   *                   *                   *                   *     
                                                               *                                                    
    118.............  Gasoline              6/22/94  June 29, 1995...  [Insert FR               36  ................
                       Dispensing                                       citation from                               
                       Facilities.                                      published date.                             
                                                                                                                    
          *                   *                   *                   *                   *                   *     
                                                               *                                                    
    120.............  Gasoline Tank         6/22/94  June 29, 1995...  [Insert FR               35  ................
                       Trucks.                                          citation from                               
                                                                        published date].                            
                                                                                                                    
          *                   *                   *                   *                   *                   *     
                                                               *                                                    
    133.............  Gasoline Bulk         6/22/94  June 29, 1995...  [Insert FR               36  ................
                       Plants.                                          citation from                               
                                                                        published date].                            
    ----------------------------------------------------------------------------------------------------------------
    
    [FR Doc. 95-15957 Filed 6-28-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
7/31/1995
Published:
06/29/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-15957
Dates:
Section 52.1020(c)(35) will become effective July 31, 1995. Section 52.1020(c)(36) and the amendments to Secs. 52.1022 and 52.1031 will become effective August 28, 1995, unless notice is received by July 31, 1995 that adverse or critical comments will be submitted. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
33730-33734 (5 pages)
Docket Numbers:
ME-23-1-6827a, ME-4-1-6848, A-1-FRL-5214-4
PDF File:
95-15957.pdf
CFR: (3)
40 CFR 52.1020
40 CFR 52.1022
40 CFR 52.1031